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Elections “ election petition “ service of notice of petition on respondent “ service of notice on respondent's legal practitioner “ whether such constitutes substantial compliance with Act
All the places of service indicated in the Electoral Act [Chapter 2:13] clearly demonstrate the need for personal service on the respondent. For the purposes of service of a petition and other documents, the legislature has spelled out the manner and places of service only through ss 169 and 188(2). A legal practitioner's office is not one of the places provided for. If there is failure to effect service at the places mentioned in s 169, then in terms of s 188(2) service can be effected at the respondent's address appearing in the voters' roll. But even in a last resort situation, the office of a legal practitioner is not availed to the petitioner as a proper place of service. The doctrine of substantial compliance has found way in our jurisdiction. If there was evidence to show that the respondent had in fact instructed or advised the petitioner to serve the petition on his legal practitioners, that might constitute substantial compliance.
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